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"Swap meet" means a business operated entirely within an enclosed building where, under direction of the swap meet proprietor, individual sellers occupy a designated area where goods are sold or exchanged. For purposes of this article, a "flea market" shall be considered a swap meet.
(1979 Code § 5.57.010; Ord. 87-6, 1-22-1987)
It is unlawful for any person, firm, corporation or charity to hold a swap meet or flea market without having first obtained a license therefor, as is herein provided; but the license for a charity may be waived by the mayor upon application.
(1979 Code § 5.57.020; Ord. 87-6, 1-22-1987; amd. 1999 Code)
An application for swap meet license shall be made to the business license coordinator and shall state thereon the name of the applicant, the place of business and the number of employees intended to be engaged. The applicant shall provide a faithful performance bond for the amount of one thousand dollars ($1,000.00) acceptable to the business license coordinator, as an agent of the city engaged in selling of business licenses as required in section 5-13C-4 of this article. The license fee shall be as established in chapter 1, article B of this title. The chief of police or any other official designated by the chief of police shall investigate each applicant for such license and shall report back on whether or not such applicant is a person who has been convicted of a felony or theft related offense. In addition, an inspection by the city inspections and city fire prevention shall be conducted to verify compliance with applicable building and fire code requirements prior to referral to the city council for approval of and issuance of the business license.
(1979 Code § 5.57.030; Ord. 87-6, 1-22-1987; amd. Ord. 97-94, 12-16-1997)
All sellers shall either apply for a separate business license to sell on the premises of a swap meet licensee, or shall pay to the city the daily individual seller fee, as determined in chapter 1, article B of this title and shall furnish to the swap meet licensee a written application containing the following information:
A. Personal Information: His or her name, address, occupation and driver's license number and state of issue. If the applicant has no driver's license, he or she shall show some other form of positive picture identification and the identifying numbers shall be recorded on the application.
B. Description Of Articles: A general description of the articles he or she is offering for sale. If any of the articles have serial numbers, the specific article, its description and its serial number shall be listed.
C. Certification By Applicant: The following certification to be signed by the applicant:
I certify that I am the lawful and legal owner of the listed property which is free and clear from all liens and encumbrances. I further certify that the property descriptions are true and correct, and I am aware that a copy of this application shall be forwarded to the Chief of Police immediately after it is submitted to the owner of the premises where the sale is held.
(1979 Code § 5.57.040; Ord. 87-6, 1-22-1987; amd. Ord. 97-94, 12-16-1997)
A swap meet licensee shall have the right to issue daily business licenses to individual sellers upon receiving the required daily, individual seller one dollar ($1.00) per sales fee, as determined in chapter 1, article B of this title, and the signed application required by this article. This fee shall be remitted to the city and shall be applied toward the city's added costs of printing application forms and policing swap meets for stolen goods. A licensee shall have the right to refuse to issue a daily business license to any applicant who does not have positive identification or who the licensee has reasonable cause to believe is attempting to sell stolen property.
(1979 Code § 5.57.050; Ord. 87-6, 1-22-1987; amd. Ord. 97-94, 12-16-1997)
The information required in section 5-13C-4 of this article shall be recorded in triplicate on a form provided by the city. One copy shall be delivered to the business license division along with the proceeds from licenses sold on a weekly basis. The reports are due on Monday mornings. One copy shall be delivered to the seller and the licensee shall retain the remaining copy.
(1979 Code § 5.57.060; Ord. 87-6, 1-22-1987)
A. Restricted Items: No sales of firearms, pyrotechnics, ammunition, explosives, alcoholic beverages, pornography, medicines, drinks or food shall be made by daily sellers of the swap meet licensee's premises; except the sale of food and drink prepared on the premises where the seller thereof has applied for and obtained the necessary county health department permits and snack bar or restaurant business license; or where such sale of food and drink only involves packaged or canned goods obtained from another licensed and regulated business.
(1979 Code § 5.57.070; Ord. 87-6, 1-22-1987; amd. 1999 Code)
B. Suspicious Items; Reporting Required: It is the duty of every swap meet licensee to report to the police department any article he or she has reason to believe was stolen or lost, and found by the person attempting to sell it.
(1979 Code § 5.57.080; Ord. 87-6, 1-22-1987)
In addition to the other penalties provided by law, any swap meet licensee violating the provision of this article may have his or her license revoked or suspended in accordance with the provisions of chapter 1, article C of this title.
(1979 Code § 5.57.090; Ord. 87-6, 1-22-1987; amd. 1999 Code)
A seller shall be deemed to be in violation of the provisions of this chapter if:
A. Failure To List Property Sold: He or she fails to list all property proposed to be sold or exchanged; or
B. Failure To Identify: He or she fails to list the correct serial number or identifying marks of said property; or
C. False Information: He or she gives false information as to his or her identity or the property's identity even though such information is not specifically required by this article.
(1979 Code § 5.57.100; Ord. 87-6, 1-22-1987; amd. 1999 Code; Ord. 2005-29, 5-24-2005)